Applicant v ROCKDALE CITY COUNCIL

Land and Environment Court (NSW)|1999-03-30|Before: Lloyd J, Mr J

The applicant and owner are advised that this approval is not to be construed as permission to erect any structure on or near a boundary contrary to the provisions of the Dividing Fences Act.

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations.

All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA) in accordance with Clauses 78A-78I of the Environmental Planning &Assessment Regulation 1998.

Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority:

a) in the case of work to be done by a licensed contractor:

· has been informed in writing of the licensee's name and contractor number; and · is satisfied that the licensee has complied with the requirements of Part 6 of that Act (in relation to insurance policies), or

b) in the case of work to be done by any other person;

· has been informed of the person's name and owner/builder permit number, or · has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000. Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council at least 2 days prior to the commencement of works, on the standard from 7 notice, a blank copy of which is available from Council. 12. All excavation and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a) must preserve and protect the building from damage,, and

b) if necessary, must underpin and support the building in an approved manner; and

c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

Note: The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

In this condition, allotment of land includes a public road and any other public place.

If the work involved in the erection or demolition of a building:

a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

a) stating that unauthorised entry to the work site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

a) building work carried out inside an existing building or

b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:

a) must be a standard flushing toilet, and b) must be connected: i) to a public sewer, or

ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government 9Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation.

approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993 .

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993 .

sewage management facility has the same meaning as it has in the Local government (Approvals) Regulation 1993 .

The following conditions are essential fire safety measures that have a vital function in protecting life and preventing injury and have been applied in accordance with Clause 80C of the Environmental Planning & Assessment Act Regulation 1994 .

The applicant is to ensure that the following essential measures are to be provided to the building and maintained at all times:

(a) Emergency Lighting - In accordance with AS 2293.1 (Emergency evacuation lighting in buildings)

(b) Exit Signs - In accordance with AS2293.1 (Emergency evacuation lighting in buildings)

(c) Fire Doors - In accordance with Specification C3.4 of the Building Code of Australia and AS 1905.1 (Fire resistant door sets)

(d) Fire Hydrant Systems - In accordance with E1.3 of the Building Code of Australia and AS2419.1 (Fire hydrant installations)

(e) Hose Reel Systems - In accordance with E1.4 of the Building Code of Australia and AS 2441 (Installation of fire hose reels)

The following condition is applied to satisfy the likely increased demand for public amenities and public services:

A contribution of $42,758.20 being paid to Council, such contributions being used only for or towards the cost of acquiring or improving parkland and community facilities within the Council area. The amount to be paid is to be adjusted at the time of actual cash payment, in accordance with the contribution rates under the current Section 94 Contribution Plan. The contribution is to be paid prior to the release of any approved building plans. The contribution is calculated from Council's adopted Section 94 plan in the following manner: Open Space: $32,083.00 Child Care $ 256.00 General Community Facilities $ 8,320.00 Libraries $ 2,099.20

· To minimise any likely adverse environmental impact of the proposed development.

· To ensure the protection of the amenity and character of land adjoining the site and in the locality.

· To ensure the development does not conflict with the public interest.

All external glazing having a maximum reflectivity of 20%.

The parking spaces are to be allocated to dwellings in the development in the following manner and this is to be reflected in any strata subdivision of the development:

Dwellings 1 to 9 one (1) space each. - Common Property three (3) spaces.

The basement carparking layout is to be redesigned if necessary to ensure all vehicles can enter and leave the site in a forward direction with manoeuvrability in accordance with the 85th percentile vehicle seep path.

The roof of the basement carpark is to be below natural ground level where it extends beyond the footprint of the building.

The following works will be required to be undertaken at the applicant's expense:

(a) construction of a concrete footpath along the frontage of the development site; (b) construction of a new fully constructed concrete vehicular entrance/s; (c) removal of the existing concrete vehicular entrance/s, and/or kerb laybacks which will no longer be required; (d) reconstruction of selected areas of the existing concrete Footpath/vehicular entrances and/or kerb and gutter; relocate the gully pit in Waldron Lane from the proposed driveway; (e) construction of paving between the boundary and the kerb; (f) removal of redundant paving; (g) construction of kerb and gutter.

This work is to be carried out in accordance with Council's detailed specification. Contractor's details and proof of $5 million current public liability insurance is to be submitted to Council prior to commencement of work. All work is to be complete prior to the issuing of an Occupation Certificate or occupation.

Note: An estimate of the cost to have these works constructed by council may be obtained by contacting Council on 9562 1666. The cost of undertaking these works will be deducted from the Footpath Reserve Restoration Deposit, or if this is insufficient the balance of the cost will be due for payment to Council on completion of the work. Alternatively, the applicant may arrange to have the works constructed by a private contractor subject to Council approval, and payment of inspection fees by the applicant.

A convex mirror is to be installed at the south-eastern corner of driveway ramp to provide increased sight distance for vehicles.

The maximum driveway gradient to the basement parking area to be 16.7% with adequate transitions, top and bottom of the ramp to prevent vehicles from scraping (Maximum change of grade 11% with a minimum transition length of 1.5m).

The garage floor to be redesigned if necessary to comply with Australian Standard AS2809.1-1993 with a maximum grade on the garage floor of 5%.

Pollutants such as concrete slurry, clay and soil shall not be washed from vehicles onto roadways, footways or into the stormwater system. Note: The Applicant may be liable to prosecution under the Local Government Act 1993 for a breach of an approval condition, or under the Clean Waters Act 1970, if its employees, agents or sub-contractors allow sediment, including soil, excavated material, building materials, or other materials to be pumped, drained or allowed to flow to the street, stormwater pipes or waterways. The Applicant shall ensure that its employees, agents or sub-contractors understand and maintain sediment control measures.

Soil erosion and sedimentation control devices are to be designed and installed in accordance with the Soil and Water Management for Urban Development Guidelines produced by Southern Sydney Region Organisation of Councils. Copies of the guidelines are available from Council.

Council's warning sign for soil and water management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

A copy of the Soil and Water Management Plan must be kept on-site at all times and made available on request.

Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted.

Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface.

Drains, gutters, roadways and access ways shall be maintained free of sediment. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment.

Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed n the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system.

All disturbed areas shall be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

All vehicular access points are to be provided with a metal shaker ramp. A hose is to be located in close proximity and vehicles washed down prior to leaving the site.

Soil and sedimentation controls are to be put in place prior to commencement of any work on site. The controls are to be designed and installed in accordance with the Soil and Water Management for Urban Development Guidelines produced by the Southern Sydney Regional Organisation of Council's. The controls are to be maintained in effective working order during construction.

Note: Copies of the guidelines are available from Council.

A plan is to be prepared for the discharge of stormwater by a suitably qualified Engineer. The plan is to be strictly in accordance with Council's Stormwater Design Code. A copy of this plan is to be deposited with Council prior to commencement of any work on site. The drainage is then to be constructed in accordance with this plan.

A geotechnic engineer to determine the soil absorption rate and satisfy the other requirements of the Stormwater Design Code relating to the water table, impact on footings, etc prior to design of the drainage system.

The existing and future owners of the property will be responsible for the operation and maintenance of the retention system , and will:-

a) permit stormwater to be permanently retained by the system; b) keep the system clean and free of silt, rubbish and debris; c) maintain, renew and repair the whole or parts of the system so that it functions in a safe and efficient manner; d) not make alterations to the system without prior consent in writing of the Council; e) permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of emergency) to enter and inspect the land for compliance with the requirements of this clause; f) comply with the terms of any written notice issued by the Council in respect to the requirements of this condition within the time stated in the notice.

A Waste Management Plan is to be prepared in accordance with Draft Development Control Plan No 53. The requirements of the Waste Management Plan are to be followed at all times.

The walls dividing bathrooms, laundries and kitchens in one flat from habitable rooms in adjoining flat have a sound transmission class of not less than 50 and being constructed in accordance with the provisions of Part F5 of the Building Code of Australia.

No excavation, filling of the site, or retaining wall are to be constructed except those shown on the approved plans and authorised by a subsequent construction certificate.

The means of egress from the entire building complying with the requirements of Part D1 of the Building Code of Australia.

A protective balustrade not less than 1000mm high being provided to the stairs/landing and all external balconies. The balustrade is to be constructed to conform to an adequate structural standard specified in SAA1170, Part 1.

Provision of a smoke alarm system to the dwelling(s) in accordance with the requirements of Part 3.7.2 of the Building Code of Australia - Housing Provision.

External paths and ground surface adjoining the walls of the building being graded and drained away from the dwelling in such a manner as to not cause a nuisance to adjoining properties.

The building shall be protected in accordance with the provisions of AS3600.1-1995 "Protection of buildings from subterranean termites", as required by Part B1.3(j) of the Building Code of Australia. Details of the proposed method of treatment shall be provided prior to commencement of construction. Certification is required to be submitted to Council prior to occupation to ensure that the selected method of treatment is in compliance with the relevant provisions of the standard. Such certification is to be prepared by a suitably qualified person.

Submission of structural engineer's details prior to the issue of the Construction Certificate, such structural drawings to be certified by the Structural Engineer that the design complies with the relevant SAA Codes for the following:

(a) the footings of the proposed structure; (b) all reinforced concrete floor slabs; (c) all reinforced concrete stairs; (d) all structural steel work; (e) fire rated ceilings/fire protective ceilings.

Timber framing members complying with the relevant provisions of the National Timber Framing Code AS1684-1992. Details of the roof truss, truss layout, proposed method of bracing being submitted to Council prior to the issue of the Construction Certificate.

All glazing material installed complying with the relevant provisions of Australian Standard 1288.

Where natural ventilation fails to comply with the provisions of the Building Code of Australia, mechanical ventilation being provided to the basement garage area in accordance with Australian Standard, 1668, Part 2.

A sign must be erected at the from boundary of the property clearly indicating the Development Approval Number, description of work, builder's name, licence number and house number before commencement of work. If owner/builder, the Owner/Builder Permit Number must be displayed.

Hours of construction being confined to between 7.00 am and 8.00 pm Mondays to Fridays, inclusive, and between 8.00 am and 6.00 pm Saturdays with no work being carried out on Sundays and Public Holidays.

The existing dwelling to be demolished and removed from the site prior to works commencing, in accordance with Council's Demolition & Erection of Buildings Code.

Waste containers are to be located within the development site. Where this is not feasible, Council may approve the location of a skip on a roadway subject to appropriate safety precautions being in place. A separate application must be made and approved by Council prior to installation.

The delivery/pick-up of any large equipment/materials/containers transported by an 'Over-Size' vehicle t/from the site is not to occur between 11.00 pm and 5.00 am in order to protect the amenity of local residents.

Provision of a footpath protection pad over Council's footpath at the point of entry onto building site. (See attached detail).

A single access point shall be provided to the site which shall be constructed using a minimum of 100mm coarse crushed rock or similar material or timber planking.

The footpath, kerb, road, nature strip and any other element of public infrastructure is to be protected from damage during construction. To ensure this, Council will require a bond to be paid to cover the cost of any repairing any infrastructure damage during construction. A bond of $………… is to be paid prior to the issue of a Construction Certificate. The bond will not be released until all work is completed in accordance with the Development Consent and any damage has been repaired.

Builders and demolishers are required to confine access to buildings and demolition sites to two 3m driveways, with suitable protection of the footpaths at these points, and to also erect a 1.5m high fence along the whole of the street alignment other than at the two openings; such protection work, including fences, to be constructed, positioned and maintained in a safe condition to the satisfaction of the Building Surveyor, prior to demolition of existing structures and commencement of building operations.

A Registered Surveyors check survey certificate or compliance certificate is to be forwarded to the certifying authority (and a copy is to be forwarded to the Council, if the Council is not the certifying authority) detailing compliance with Council's approval at the following stage/s of construction:

(a) At damp course level showing the area of the land, building and boundary setbacks.

(b) Prior to construction of each floor level showing the area of the land, building and boundary setbacks and verifying that the building is being constructed at the approved level.

(c) On completion of the building showing the area of the land, the position of the building and boundary setbacks and verifying that the building has been constructed at the approved levels.

the landscaping of the site being carried out in accordance with the approved landscape plan, such landscaping being maintained at all times.

The existing Norfolk Island Pine near the front of the site is to be retained and protected during construction. Prior to the issue of the Construction Certificate an Arborist's report is to be submitted to the Principle Certifying Authority which demonstrates that the long term health of the tree can be maintained and identifying necessary protective measures, the location and installation methods for any services or works, and ongoing work or maintenance to the tree during construction. All recommendations of the Arborists are to be adhered to at all times.

The payment to Council of a Footpath Reserve Restoration Deposit of $6,400 by the building contractor prior to construction commencing. This is to cover repair of any damages, or other works to be done by Council. This includes construction, removal, or repair as required to: kerb and guttering, existing or new driveways; paved areas and concrete footpaths. Where the Deposit is in the form of a Bank Guarantee, this is to be provided on Council's Bank Guarantee Form. If payment is to be made after 30 June 1999, this amount is to be adjusted in accordance with Council's adopted fees and charges.

Road Opening Permits must be obtained from the Engineering Services Department prior to any excavation in the road or footpath.

Boundary levels are to be obtained from Council prior to the issue of a Construction Certificate. All boundary works eg. Driveways, footpaths are to comply with this level.

The basement garage to be protected to a level of RL2.5 metres AHD to prevent food inundation in the 1% AEP floods.

The following conditions are applied in the public interest:

The applicant is to confer with Australia Post to determine their requirements for the location of mail boxes delivery points in connection with the development prior to submission of a building application.

The submission of a Certificate under Section 73 of the Water Board (Corporatisation) Act 1994. You should make immediate application to Sydney Water for this Certificate to avoid problems in servicing your development. An application form is enclosed.

The applicant is to confer with Energy Australia to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. the requirements of Energy Australia are to be met prior to the issue of a Construction Certificate.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

Land and Environment Court of New South Wales CITATION: Architectural Property Services Pty Ltd - V - Rockdale City Council [1999] NSWLEC 83

At a glance

Court

Decision date

Before

Source

Judgment (115 paragraphs)

Parties

Cases Cited (4)

Cited By (22)